Trademark Protection in Malaysia

Why should your company protect its trademark(s) in Malaysia and other oversea countries?

• Registration of a trademark symbol gives your company the exclusive right to prevent others from marketing identical or similar products under the same or a confusingly similar mark.
• It is much easier to license a registered trademark to other companies, thus providing an additional source of revenue for your company, or may be the basis for a franchising agreement.

How to protect your company’s trademark symbol?

• Trademark protection can be obtained through registration or, in some countries, also through use. Registering a trademark will provide stronger protection, particularly in case of conflict with an identical or confusingly similar trademark.
• In general, any person who intends to use a trademark or to have it used by third parties can apply for registration. It can be either an individual or a legal entity.

How long does it take to register a trademark with the trademark registry?

The time required for the registration of a trademark with the trademark registry will vary significantly from country to country, generally ranging from three months to two years, depending, among other things, on whether the trademark registry conducts substantive examination. We recommend clients to first conduct a trademark search to ascertain whether there are any other similar trademarks on the trademark registry before proceeding to apply their trademark for registration.

How long is your registered trademark protected?

A term of protection may vary, in a large number of countries; registered trademarks are protected for 10 years. Registration may be renewed indefinitely (usually, for consecutive periods of 10 years) provided renewal fees are paid in time.

Is trademark registration in your home country valid internationally?

The legal rights arising out of a trademark registration are normally limited to the territory to which they pertain; so, ordinarily, valid registration of a trademark in Malaysia gives the rights to use the trademark only in Malaysia unless the mark is considered to be a well-known mark. Well-known marks are marks that are considered to be well-known by the competent authority of the country where protection for the mark is sought.

Should you consider protecting your trademark abroad?

It is highly advisable to register your trademark abroad for applicant’s who want to commercialize the products in foreign markets. This will enable your products to be recognized in foreign markets, allowing your company to build a reputation and image among foreign consumers, which may result in higher profits.